Co- Terminus Agreements Which Are Interdependent, Arbitration Clause In One Agreement Governs The Other : Gujarat High Court

The High Court of Gujarat has held that when wo agreements are co-terminus and their performance is interdependent, the arbitration clause in one agreement can be invoked for the other as well. The bench of Chief Justice Sunita Agarwal held that when two agreements are integrally related to each other and the performance of one is dependent on the other, then the absence of an arbitration clause in one of such agreement would not be material as the arbitration clause contained in the...

Place Of Arbitration Is The Venue And Not The Seat Of Arbitration When There Is A Contradictory Exclusive Jurisdiction Clause: Gujarat High Court

The High Court of Gujarat has held that the place of arbitration is the venue and not the seat of arbitration when there is a contradictory exclusive jurisdiction clause. The bench of Chief Justice Sunita Agarwal held that the place where the arbitration is stated to be conducted would be the venue of arbitration when the agreement contains an exclusive jurisdiction clause that confers exclusive jurisdiction on a court in a different place. It held that the presence of such an exclusive...

Must Be Wary Of Unnecessary Judicial Interference At Every Stage Of Arbitral Process: Calcutta HC Upholds Arbitral Award In Favor Of Reliance Infra

In a landmark 255-page judgement, the Calcutta High Court has upheld an arbitral award in favor of Reliance Infrastructure (“RIL”), arising out of a deal struck with the Damodar Valley Corporation (“DVC”) for construction of thermal power plants in Raghunathpur.In upholding the award passed by a panel of three arbitrators, a single-bench of Justice Shekhar B Saraf noted that India is in dire need of Arbitration reform due to increased judicial interference at every stage. It held:Arbitration has...

Arbitration Cases Weekly Round-Up: 9th October- 15th October

Delhi High Court Whether Enforcement Of Foreign Arbitration Award Can Be Denied Due To Non-Stamping Of Arbitration Agreement? Delhi High Court To Examine Case Title: SIMPLOT INDIA LLC v. HIMALAYA FOOD INTERNATIONAL LIMITED Citation: 2023 LiveLaw (Del) 938 The Delhi High Court is set to examine whether the enforcement of a foreign arbitration award can be denied due to the non-stamping of the arbitration agreement. The bench of Justice Manoj Kumar Ohri has issued notice on a...

Karnataka Stamp Act | Stamp Duty Not Attracted On Arbitral Awards For Damages If Unrelated To Movable/Immovable Property: High Court

The Karnataka High Court has held that an arbitral award which does not deal with either movable property or immovable property, but awards damages payable to the award holder, does not attract stamp duty under the Karnataka Stamp Act, 1957. Justice R Nataraj thus dismissed a petition challenging an order of the trial court rejecting its application seeking to impound the award of the arbitrator for non-payment of stamp duty by the respondent."When the award of the arbitrator deals with a...

No Stamp Duty Is Payable On An Instrument Executed By, Or On Behalf Of, Or In Favour Of The Government, N.N. Global Not Applicable To Such Instruments: Delhi High Court

The Delhi High Court has held that no stamp duty is payable on an instrument which is executed by, or on behalf of or in favour the government. The bench of Justice Rekha Palli held that the recent judgment by the Constitution Bench of the Supreme Court in N.N. Global would have no application to an agreement executed by or on behalf or in favour of the government. It held that the Court exercising powers under Section 11 of the A&C Act would not refuse to appoint...

Arbitration Clause Allowing One Party To Appoint 2/3rd Of Arbitral Tribunal Is Not Enforceable: Delhi High Court

The Delhi High Court has held that an arbitration clause wherein one of the contracting party has the power to appoint the 2/3rd members of the arbitral tribunal and compels the other party to choose its nominee arbitrator from a narrow panel of only 5 names is not enforceable in law. The bench of Justice Rekha Palli held that a narrow panel of 5 arbitrator with a further power to the party which has drawn the panel to nominee 2/3rd members of the arbitral tribunal is against...

Court Exercising Powers Under Section 9 Of The A&C Act For Securing Amount In Dispute Draws Sustenance Broadly From The Principles Of Order XXXVIII Rule 5 Of CPC: Delhi High Court

The Delhi High Court has held that a Court exercising powers under Section 9 of the A&C Act to secure the amount in dispute or for ordering attachment before award draws sustenance broadly from the principles of Order XXXVIII Rule 5 of CPC. The bench of Justice Yashvant Varma has held that the under Section 9 of the A&C Act, the Court would not order securing the sum in dispute in absence of necessary pleading and allegations that the respondent is making an attempt ...

Justice U.U. Lalit Joins Singapore International Arbitration Centre Panel Of Arbitrators

Former Chief Justice of India, Justice U.U. Lalit has joined the Singapore International Arbitration Centre (SIAC). He has been appointed as a member of the SIAC Panel of Arbitrators.Justice Lalit, a distinguished jurist and Professor of Law was the 49th Chief Justice of India. He served from 27 August 2022 to 8 November 2022. He was elevated to the Supreme Court in 2014, being directly appointed from the bar. Prior to his elevation as a judge, he practised as a senior counsel at the Supreme...

An Award Which Blatantly Misapplies The Provisions Of The Contract Law Resulting In A Perverse Interpretation Of The Law, Is Liable To Be Set Aside: Delhi High Court

The High Court of Delhi has held that an award which blatantly misapplies the provisions of the Contract Law resulting in a perverse interpretation of the law, is liable to be set aside. The bench of Justice Neena Bansal Krishna set aside an arbitral award wherein the arbitrator has misconstrued the law of reciprocal promises and bailment under the Indian Contract Act. It held that misapplication of the substantive law goes to the root of the matter and leads to a miscarriage of...

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award

The High Court of Delhi has held that an arbitrator should not refuse to take on record any additional material evidence merely on the ground of certain procedural ground such as non-payment of costs by the party tendering such evidence. The bench of Justice Neena Bansal Krishna held that failure of the arbitrator to take on record important additional evidence merely on procedural grounds would be a ground to set aside the award. It held that such a decision would not just be...

Provisions Of Uttar Pradesh Regulation Of Cold Storages Act, 1976 Do Not Exclude The Remedy Of Arbitration: Delhi High Court

The Delhi High Court has held that the provisions of Uttar Pradesh Regulation of Cold Storages Act, 1976 does not exclude the remedy of arbitration. The bench of Justice Neena Bansal Krishna held that the bar to arbitration or civil jurisdiction by necessary implication would apply only when the alternative remedy is a Complete Code in itself or provides a special statutory right or protection that the civil court or arbitral tribunal may not be able to grant. It held that...